Girl Sues Father Over Mother’s Death in Accident, Tribunal Orders Rs 32.41 Lakh Compensation

Thane, 11th May 2025: An eight-year-old girl has been granted a compensation of ₹32.41 lakh by the Thane Motor Accident Claims Tribunal (MACT) following the death of her mother in a car accident, with the tribunal holding her father—who was also the driver—liable for the fatal incident.

The compensation claim was filed through the child’s grandmother, acting as her legal guardian, under Section 166 of the Motor Vehicles Act. The case stemmed from a road accident that took place on December 24, 2021, while the family was travelling from Nanded to Umarkhed in Maharashtra.

During the journey, the car, driven by the girl’s father, collided with a road divider, resulting in critical injuries to the woman, a 38-year-old clinical instructor at a nursing college. She later succumbed to her injuries in a hospital.

The tribunal found that the father was driving negligently at the time of the crash. “The evidence clearly points to negligent handling of the vehicle, which led to the tragic loss of life,” the tribunal noted in its order.

The deceased’s monthly salary of ₹38,411 was taken into account to determine the financial loss to the child. The tribunal also considered factors such as future earning prospects, loss of dependency, and funeral costs, arriving at a total compensation value of ₹64.82 lakh.

However, since the father was identified as the person responsible for the accident, the court awarded 50% of the compensation—amounting to ₹32.41 lakh—to the minor child. The tribunal further ruled that the awarded amount would carry an annual interest of 8% from the date of the petition filing until full payment is made.

During the proceedings, the insurance company contested the claim, alleging that an unidentified vehicle had rear-ended the car, causing the accident. It also argued that the father lacked a valid driving licence at the time, which constituted a violation of policy terms.

Rejecting these contentions, the tribunal stated, “The insurance provider failed to furnish adequate evidence to support its version of events. The policy in question was active and comprehensive.”

A police case had been registered soon after the incident. The tribunal’s ruling underscores the child’s right to compensation despite the involvement of a family member in the incident.